Employment & Labor Attorneys in Texas

One of the fastest-changing areas of the law today, employment law, is also one of the most technically and emotionally challenging. Our Employment Law Group at Gray Becker understands the complex issues affecting employers and employees in today’s marketplace.

“At-Will” Employment

The foundation of employment law in Texas is that, in all phases of the employee-employer relationship, employment is considered “at will.” This means that lacking a legally binding agreement or contracts to the contrary, either party (employee or employer) can terminate employment, or modify conditions of employment, with or without notice, for any reason (or no reason at all).

Of course, this “at will” status does include some legal limits for termination. No employee may be fired for refusing to perform an illegal act, for any reason based on gender, national origin, race, age, disability, or color. Nor can an employee be terminated for participating in an emergency order, such as evacuation or non-entry of a building or grounds. Likewise, employees may not be fired as retaliation for exercising their legal rights.

Additional limitations on permissible grounds of termination may be included based on an employment contract or collective bargaining agreement. Barring these restrictions, in an “at-will” state employers maintain the right to modify or add to personnel policies, reassign employee titles and responsibilities, or change job descriptions, pay, work locations, or other aspects of employment at will.

Right to Work

Under section 101.052-.053 of the Texas Labor Code, Texas is also considered a “right to work state.” This means that under Texas law, “employment may not be conditioned or denied on the basis of membership or non-membership in a union.” Texas Right to Work laws are in place to help protect employees from threats, intimidation, use of force, or any other form of coercion for choosing to participate (or not participate) in a union.

Freely translated, unless the worksite is on a federal enclave*, the choice of whether to join a labor union or not is solely that of the employee, and employees may neither be required to join nor pay dues to a union as a condition of employment, nor may they be denied employment for joining a labor union or other labor organization.

When entering into any type of employment dispute, claim, or lawsuit, it’s important to know and be able to refer to the written policies and statutes, both state and federal, that are relevant to the matter at hand. It is equally important that employers be able to show that these policies and standards have been made clear to their employees.

Our employment law team concentrates on the following areas of employment and labor law:

• Discrimination
• Harassment
• Employment termination
• Unfair competition
• Trade secret misappropriation
• Contract disputes
• Compensation issues
• Severance Agreements
• Wage claims
• Disability claims
• Representing Employees and Former Employees

Workers in Texas have many employment-related rights, and those rights are enforced by both state and federal policies.

The Texas Workforce Commission is a state agency that is responsible for ensuring that all individuals employed in Texas have free access to the resources available to seek and maintain their reasonable employment rights from those businesses that are compliant with Texas state labor laws. Additional Texas employment and labor laws are in place to protect the rights of employees in regards to pay and compensation, labor policies, and occupational safety requirements.

The reach, impact, and the sheer number of employment laws have seen steady growth over the last several decades. This alone can make the task of reading through voluminous statues and comprehending the impact and implications contained within them a difficult proposition without the help of qualified and experienced employment and labor law attorneys.

Taking legal action against your employer or former employee can be scary. It may feel like you don’t have the clout or legal muscle to assert your rights and compel change within the company. But with the help of the right employment law attorney, you can make a bigger difference than you realize (and seek appropriate compensation in the process).

The dedicated team at Gray Becker is ready to represent you as a plaintiff bringing allegations of harassment, discrimination, wage-and-hour violations, and nearly any other type of claim. We can also vigorously defend you against allegations of violating non-compete and non-disclosure agreements, or misappropriation of trade secrets.

Transactional Services and Representation for Employers

Whether you are defending your company against allegations brought by a current or former employee (harassment, discrimination, etc.) or suing for breach of contract, we are fully prepared to fight for your company’s interests.

We also provide important guidance and services that could improve compliance, raise company morale and ultimately reduce the risks of litigation.

These include:

• Drafting and reviewing policy manuals
• Writing, reviewing, and negotiating employment contracts
• Negotiating severance packages
• Advising on potential employee termination matters
• Representing your company in matters that go before the Texas Workforce Commission
• Working with you to maintain compliance with employment laws and government regulations
• Responding to allegations of harassment, discrimination, and other matters and helping to resolve them before they escalate to litigation
• Preparing training materials and policies for preventing workplace harassment, discrimination, and other problematic behaviors
• Greater Effectiveness Through Contrasting Clientele

When employment law firms represent clients on both sides of a given dispute, there are sometimes questions about objectivity or conflicts of interest. This isn’t a problem at Gray Becker. In fact, our experience representing both sides of employment disputes has made us especially effective in the courtroom, because we understand how opposing counsel builds their case. At the same time, our ability to see conflicts from dual perspectives allows us to help clients avoid litigation in some cases by preventing the kinds of missteps that lead to mistrust and acrimony. No matter what employment law issue you may be facing (as an employer or employee), chances are good that we can help you resolve it favorably.

As a business owner or professional, you understand that longevity and success are difficult in any commercial endeavor, including the practice of law. Our firm’s nearly four-decade history stands as proof of our commitment to client success and service. If you’d like to learn more about how our skilled attorneys can help you as an employer or as an employee, contact us to arrange an initial consultation.

*“A federal enclave is territory, transferred by a state through cession or consent to the United States, over which the federal government has acquired exclusive jurisdiction.” ~ The Federal Enclave Doctrine